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<br />860M-- 105393
<br />ASSIGNMENT OF LEASES AND RENTS
<br />THUS ABMIGNMENT, made this 23rd a.y o f sentertber 1986
<br />by George W. Giese and Leanor 14. Giese, husband & wife
<br />residing at or having an office m Grand Island Nebraska
<br />(herein called "Assignor'? , to flr#77@r Bank, Nat/onal Assoelation, Omaha, Nebraska
<br />.__...suing
<br />its principal office at Omaha. Nebraska (herein called "Assignee',
<br />WITNESSETH:
<br />FOR VALUE RECEIVED, Assignor hereby grants, transfers and "signs to the Assignee all of the right, title
<br />Wild interest of Assignor in and to any and all leases and other tenancies now or hereafter made on or with respect to the real
<br />Hall County, Nebraska
<br />estate located in and more particularly described
<br />in Schedule A hamt. which real estate shall be referred to hereinafter " "Premises". including, but not limited to that certain
<br />Lease at those certain Leases, with modifications. if any, described in Schedule 8 her sot, covering the Prsmissa; together with,
<br />(1) any acd all extensions or renewals thereof. (Z) any and all guarantees of the L isee's obligations under any thereof and
<br />andsr any and all extensions or renewals of any thereof. and (3) all rents. issuse, profits, revenues, deposits, earnest money
<br />paymeeds, rights and benefits now oc hereafter arising from such lease and tenancies or for the use and occupancy of the
<br />Promises, and any and all extensions and renewals thereof. Said leases and tenancies or other use of the Premises together
<br />with any and all guarantees, modifications, extensions, and renewals thereof shall be sometimes hereinafter referred to as the
<br />••Lases•• or "lessee "•
<br />FOR THE PURPOSE OF SECURING:
<br />ONE: Payment and performance of each and every debt, liability and obligation of every type and description
<br />which Assignor may now or anytime hereafter owe to Assignee, including, but not limited to, the indebtedness of Assignor
<br />secured by that certain mortgage or deed of ttnat aside by the Assignor to the Assignee dated Septwm1)Pr ) ,A , 19.aE ,
<br />and recorded or to be recorded at or prior to the recording of this Assignment, or any other mortgage or deed of treat hereafter
<br />Favoring the whole ar any part of the Promises, (whether such debt, liability, or obligation now exists or is hereafteremated or
<br />incurred and whether it is or may be direct or indirect, dude or to become due, absolute or contingent, primary or secondary,
<br />liquidated or unlignidated, or joint, several. or joint and several, all such debts. liabilities and obligations being herein collec-
<br />tively referred to soamdimsa as the "Obligations'% and
<br />TWO: Performance and discharge of each and every obligation, covenant and agreement of Assignorcontained
<br />herein or in any each mortgage or deed of trust or any note or bond secured thereby, or in any obligation or any securing
<br />docansent given in connection with any of the Obligations secured hereby.
<br />A. TO PROTECT THE SECURITY OF THIS ASSIGNMENT ASSIGNOR AGREES, WITH RESPECT
<br />TO EACH LEASE:
<br />1. To faithfully abide by, perform and discharge each and every obligation, covenant and agreement of the Lease
<br />by Laaeor to be performed. to give prompt notice to the Assignee of any notice of default on the part of Assignor with respect to
<br />the I.sass received from Lsseee or guarantor, together with an accurate and comi.lete copy of any such notice; at the sole cost
<br />aIand Ian the Assignor. to enforce or secure the performance of each and every obligation, covenant, condition and agreement
<br />performed; not to modify or in anyway alter the terms of the Lease; not to terminate the term of
<br />the I.we and not to accept a surrender of the rants thereunder or to waive, excuse, condone or in any manner release or dis-
<br />charge the Iwesse thereunder from the obligations. convenante, conditions and agreements by the Lessee to be performed,
<br />including the obligation to pay the rental cal led for thereunder in the manner and at the place and time specified therein, and
<br />Assignor does by these presents expressly release. relinquish and surrender unto the Assignee all Assignor's right, power and
<br />authority to modify or in any way alter the terms ur provisions of the Lease, or to terminate the term or accept a surrender there-
<br />of, and any attempt on the part of the Assigner to excercise any such right without the written authority and consent of the
<br />Assignee thereto being first had and obtained shall constitute a Default of the terms hereoL "defined hereinafter. entitling
<br />the Assignee to declare all sums secured hereby immediately due and payable.
<br />2 At Assignor's sole cost and expense to appear in and defend any action or proceeding arising under, growing out
<br />of or in any manner connected with the Lease or the obligations, duties or liabilities of Lessor, L iese or guarantor thereunder,
<br />and to pay all costs and expenses of the Assignee, including attorney's fees in a reasonable sum, in any such action or proceed-
<br />ing in which the Assignee may appear.
<br />3. That should Assignor fail to male any payment or to do any act as herein provided, then the Asseignee, but
<br />without obligation so to do and without notice to or demand on Assignor, and without releasing Assignor from any obligation
<br />hereof. may make or de the same in such manner and to such extent "the Assignee may dean necessary to protect the security
<br />hereof. including specifically. without limiting its general powers. the right to appear in and defend any action or proceeding
<br />purporting to affect the security heron( or the rights or powers of the Assignee, and also the right but not the duty to perform
<br />and discharge each and every obligation, covenant and agreement of Lessor in the Ldetae contained; and in exercising any
<br />ouch poems to pay neoeseaey costs and expanses, employ counsel and incur and pay reasonable attorney's fees.
<br />4. To pay immediately upon demand all sums expanded by the Assignee under the authority hereof, together with
<br />interest thereon at the higheat rate set forth in any of the Obligations secured hereby, and the same shall be added to the Ohh-
<br />g000ns and shall be secured hereby and by the said mortgage or dead of trust.
<br />5. That Assignor will not transfer or convey to the I,ssaee the fee title to the demised I'romioes, or any part thereof,
<br />"mess the Lssase taeuehse in writing and agroes to pay the debt secured hereby in accordance with the terms. convenants anci
<br />conditions of the said note or bond secured by said mortgage fir deed of trust. p+
<br />( i 010 , as, au± E4
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